This paper was written on the basis of the draft Land Act. It is not an exhaustive analysis of the Act or an attempt to make suggestions for changes in the draft. The purpose of the paper is to explore the notions of justice, rights, democracy and fairness which underlie the Commissions Report and those which inform the draft Act.

The recommendations of the Shivji Comission, which are discussed in another contribution to this edition by the Commissions Chair, Issa G. Shivji, represent an innovative and courageous step towards the democratic decolonization of African law. In two ways its bold recommendations would decolonize Tanzanian land law. First, they would remove control of land from the executive authority of the state, where it had been placed by colonial law. Their second strategy for decolonizing land law would vest control of land in the hands of villagers.